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Private Street Maintenance Agreement 2011-0680744e � r RECORDING REQUESTED BY. CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 DOC Et 2011- 0680744 1911111III VIII VIII VIII VIII VIII VIII VIII VIII IBIII VIII IIII IIII DEC 19, 2011 12:19 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesk J_ Dronenburg, Jr., COUNTY RECORDER FEES: 40.00 PAGE S e 9 (THIS SPACE FOR RECORDER'S USE) APN: 278- 301 -10 PRIVATE STREET MAINTENANCE AGREEMENT (G 1641 -09) THIS PRIVATE STREET MAINTENANCE AGREEMENT ( "Agreement "), dated for reference purposes as the 2 S day of Nd�E�F� 2011, is entered into between Stephen W. Spooner and Valerie R. Spooner, hereinafter referred to as "OWNER ", and the CITY OF POWAY, a municipal corporation, hereinafter referred to as "CITY ". WHEREAS, this Agreement is required as a condition of approval by CITY of G1641 -09, pursuant to Poway Municipal Code Sections 12.20.05.0, 1.2.20,060, 12.20.110, 12.20.120, and 17.08.'180(P), relative to construction of a private road; and WHEREAS, OWNER wishes to provide for the maintenance and repair of those certain private streets described and shown on Exhibit A; attached hereto and made a part hereof, hereinafter referred to as "PRIVATE STREET "; and WHEREAS, OWNER is the owner of certain real property being developed as asingle- family residence at 15085 Eastvale Road that will use and enjoy the benefit of such PRIVATE STREET. A complete legal description of said real property is included in Exhibit B attached hereto and made a part hereof. Said real property is hereinafter referred to as "Property "; and WHEREAS, it is the mutual desire of the parties hereto that the PRIVATE STREET be maintained and repaired in a safe and usable condition; and WHEREAS, it is the mutual intention of the parties that this Agreement constitute a covenant running with the Property, binding upon each successive owner of the Property. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: The property benefited by this Agreement is the Property. The present and successive OWNER of all or any portion of the Property is expressly bound hereby for the benefit of the Property. 2. The cost of maintaining the PRIVATE STREET shall be borne by OWNER, or his or her heirs, assigns, and successors in interest. Notwithstanding the foregoing, OWNER may seek contributions or recompense from and by all other owners, heirs, assigns and successors in interest who may be obligated under similar Private Street Maintenance Agreements with the City of Poway relevant to this section of private roadway. Private Street Maintenance Agreement Spooner Page 2 3. The repairs and maintenance to be performed under this Agreement by or on behalf of the OWNER shall be limited to the following: reasonable and normal road improvement maintenance work to adequately maintain the PRIVATE STREET, and any related drainage facilities, to permit normal access, ingress and egress to and from the Property.' Repairs and maintenance under this Agreement shall include, but are not limited to, filling of chuckholes, repairing cracks, repairing and resurfacing of roadbeds, repairing and maintaining drainage structures, removing debris, maintaining signs, markers, striping and lighting, if any, and such other work as is reasonably necessary or proper to repair and preserve the PRIVATE STREET for normal, access, ingress and egress purposes. 4. The obligation of OWNER as outlined herein shall commence with the issuance of a Building Permit by CITY to construct a single - family residence at 15085 Eastvale Road. 5. In the event OWNER retains a contractor to perform any maintenance and obligation, with respect to the PRIVATE STREET, the OWNER shall require such contractor to maintain liability insurance to cover any liability arising as a result of its activities with regard to such maintenance activities. 6. OWNER shall defend and indemnify and hold harmless CITY, CITY's Engineer and their consultants and each of their officials, directors, officers, agents and employees from and against all liability, claims, damages, losses, expenses, personal injury and other costs, including costs of defense and attorney's fees, incurred by or payable to any other use of the PRIVATE STREET, or to any other third parties arising out of or in any way related to the use, repair or maintenance of the PRIVATE STREET. Nothing in this Agreement, the specifications, or other contract documents or CITY's approval of the plans and specifications for or inspection of the work regarding the PRIVATE STREET is intended to include a review, inspection, or acknowledgment of a responsibility for any such matter, and CITY, CITY's Engineer, and their consultants, and each of their officials, directors, officers, employees and agents, shall have absolutely no responsibility or liability therefore. 7. If, in the CITY'S sole judgment, the PRIVATE STREET is not being maintained to standards set forth in Paragraph 3 of this Agreement, the CITY may thereupon provide written .notice to the OWNER to initiate repairs or construction within ninety (90) days. Upon failure to demonstrate good faith to make repairs or construction within ninety (90) days of receipt of such notice, the OWNER agrees that the CITY may make all needed repairs to the PRIVATE STREET to meet the standards set forth in Paragraph 3 and to then assess the costs thereof to the OWNER. OWNER shall reimburse CITY for all reasonable costs incurred by the CITY in - connection with such maintenance activities. If the OWNER does not so reimburse the CITY within thirty (30) days after the CITY's demand, then CITY may pursue ,all of its remedies at law or in equity. 8. If the CITY elects to make necessary repairs in accordance with Paragraph 7 above, said work shall be without warranty. Said repair shall be accepted "as is" by the OWNER and without any warranty of workmanship. i 9. The foregoing covenants shall run with the land and shall be deemed to be for the benefit of the land of each and every person who shall at any time own all or any portion of the Property referred to herein. Private Street Maintenance Agreement Spooner Page 3 10. It is understood and agreed that the covenants herein contained shall be binding on the heirs, executors, administrators, successors and assigns of the OWNER. 11. It is the purpose of the signatory hereto that this instrument be recorded to the end and intent that the obligations hereby created shall be and constitute a covenant running with the land, and any subsequent purchaser of all or any portion of the Property, by acceptance of delivery of a deed and /or conveyance, regardless of form, shall be deemed to have consented to and become bound by this Agreement. 12. This Agreement shall be governed by the laws of the State of California. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions shall not be affected thereby. IN hereinafte r. OWNER: WITNESS WHEREOFfithe parties have executed. this Agreement on the dates set forth ;� 1 'Stephen W S er Valerie R. Spooner CITY OF POWAY: i Ro J. Manis Director of Development Services Approved as to Form Office of the City Attorney Morg n L. oley, CJ it Attachments: 1) Notary Acknowledgement Date: /! 2e / i Date. Date: 1 z- 1/ Date: ��� ! I) M: \engsery \Clapp\Agreements \Spooner \Spooner Street Maintenance Agmt.docx ACKNOWLEDGEMENT State of California County of San Diego 0nduV6x w-) S c'� before me, Adam R Schmidt, Notary Public personally appeared 6 e who proved to me on the basis of satisfactory evidence to be the person ' aa S;9 whose names-}(s/subscribed to the within instrument and acknowledged to me that he /s,4e-/t*w� executed the same in his /h?r/tAitr authorized capacity(jp< and that by his /lyKtheir signature( on the instrument the personKor the entity upon behalf of which the person("acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness y hand and off ial al _; q7. ADAM R. SCHMIDT a' Commission No.1868128 n v NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY Commission Expires Oct. 12, 2013 ACKNOWLEDGEMENT State of California County of San Diego Ong'✓ J 4el _? -8 before me, Adam R Schmidt, Notary Public, personally appeared - veil-It' 5j2b w , iP / who proved to me on the basis of satisfactory evidence to be the person(' whose name Wiis /subscribed to the within instrument and acknowledged to me that l tgshe /tr,e'r executed the same inkrs/her /fir authorized capacity(i , and that byX /her /tP&fl`r signature(s) on the instrument the persorq<or the entity upon behalf of which the personKacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and 1Z eal z a. ADAM R. SCHMIDT J = Commission No. 18,66128 v NOTARYPUBLIC - CALIFORNIA SAN DIEGO COUNTY Commission Expires Oct. 12, 2013 ''ti CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California It County of On Y 201 before me, A 7' � e e 7 A 1, r G , Date Here Insert Name and Title of the Officer personally appeared p ' - Llo- Name(s) of Signer(s) lm S HM C * 1956215 umm public - Cafiforma p San DRIP County My Comm. Explins Nov 9, 2015 Place Notary Seal Above who proved to me on the basis of sat' factory evidence to be the person whose name(X is/aysubscribed to the within instrument and acknowled ed to me that he /se /th executed the s his/ /t authorized capacity(i and that by signature on the instrument the person(, or the entity upon behalf of which the person(acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of NofNry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached D cument YP Document: "/ ,�/ li•� Title or Type of Document Date: Dy� ��n Zg" ZD�� Number of Pages Signer(s) Other Than Named Above: �j� �/� IN ��� ��� I ,/ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): _ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ - Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: c RIGHTTHUMBPRINT 1F146NER of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT .oF SIGNER of thumb here ✓ G�✓ 6�✓ i�G`✓ i`✓ i`✓ G'✓ i`✓ i`✓6`✓G`✓i`✓i`✓i`✓4`✓4`✓6�✓i�✓� ✓ 4`✓ 6`✓ G�G�G"✓ G`✓ G�✓ G�4`✓ G`✓ G�4�✓ 3�✓ i�✓ G�✓ G�✓. iC ✓i�4' ✓ / " ✓i�✓i`✓G�✓6' ✓4`✓4`✓G�✓S ], _ EXIT- S PVT. I A.P.N. 278 -301 -09 N (o T - - 7 0 rn r Z rn CALE: 1:50 LIMIT OF IMPROVEMENTS LIMIT OF MAINTAINANCE 8/31 /11 :: ti::: ................ ............... ...................., ....................- ......... . .......... 0 rn r OAD/UTILI EASEMENT - 7 0 rn r Z rn CALE: 1:50 LIMIT OF IMPROVEMENTS LIMIT OF MAINTAINANCE 8/31 /11 EXHIBIT B DESCRIPTION PARCEL 1: THE WESTERLY 270.00 FEET (MEASURED ALONG THE SOUTHERLY LINE) OF,THE SOUTHERLY 424.00 FEET OF THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SOUTH 89 42' 57" EAST, 320.00 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO EMIL B. ASLESON, ET UX, RECORDED MARCH 17, 1952 IN BOOK 4405, PAGE 53 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID ASLESON LAND, SOUTH 0 11' 00" EAST, 377.00 FEET; THENCE SOUTH 89 42' 57" EAST, 264.33 FEET TO.THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG-THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11 16' 37 ", A DISTANCE OF 39.37 FEET TO AN INTEREST WITH THE NORTHERLY PROLONGATION OF A PORTION OF THE BOUNDARY OF LAND DESCRIBED IN PARCEL 2 IN DEED TO GILVERT C. MILLER, ET UZ, RECORDED FEBRUARY 4, 1957 IN BOOK 6442, PAGE 502 OF OFFICIAL RECORDS AND THE TRUE-POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28 59' 20" A DISTANCE OF 101.19 FEET; THENCE TANGENT TO SAID=RVE SOUTH 49 27' 00" EAST, 69.58 FEET TO THE BEGINNING OF A TANGENT 300 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY;'SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22 16' 30 ", A DISTANCE OF 116.63 FEET; THENCE TANGENT TO SAID CURVE SOUTH 27 10' 30" EAST 55.83 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12 53' 00 ", A DISTANCE OF 67.46 FEET; THENCE TANGENT TO SAID CURVE SOUTH 40 03' 30" EAST, 79.11 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 51 09' 50 ", A DISTANCE OF 178.60 FEET; THENCE TANGENT TO CURVE NORTH 88 46' 40" EAST, 68.97 FEET TO THE NORTHWESTERLY CORNER OF LAND AS DESCRIBED-IN DEED TO LOREN - GEORGE LIPSON, A SINGLE MAN, AS HIS SOLE AND SEPARATE PROPERTY, RECORDED JULY 29, 1971 AS FILE NO. 165685;`THENCE ALONG THE WESTERLY LINE OF SAID LIPSON'S LAND, SOUTH 00 46' 40" WEST, 545.15 FEET.TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32; THENCE ALONG THE SOUTHERLY LINE OF SAID SECTION 32, SOUTH 89 47' 40" WEST, 544.35 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 2 OF MILLER'S LAND; THENCE ALONG A WESTERLY LINE OF SAID PARCEL 2 OF SAID MILLER'S LAND AND THE NORTHERLY PROLONGATION. THEREOF; NORTH 00 11' 00" WEST, 963.48 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD, PUBLIC UTILITY PURPOSES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 30..00 FEET IN WIDTH LYING WITHIN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, THE WESTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL 1 HEREINABOVE DESCRIBED; THENCE ALONG THE NORTHERLY - PROLONGATION OF THE WESTERLY LINE OF SAID PARCEL 1 ABOVE NORTH 00 11' 00:" WEST, 539.48 FEET TO THE CENTERLINE OF EASTVALE ROAD AS DEDICATED AND DECLARED A PUBLIC ROAD BY RESOLUTION NO.63 OF THE COUNTY OF SAN Page 2 DESCRIPTION Order No. 78042190 DIEGO, A COPY OF SAID RESOLUTION RECORDED JANUARY 6, 1967 AS FILE NO. 2549. SAID EASEMENT TO BEGIN IN THE NORTHERLY LINE OF SAID PARCEL 1 ABOVE AND TO TERMINATE NORTHERLY IN THE CENTERLINE OF SAID EASTVALE ROAD.